Text of the provision
Art. 888. The legitime of legitimate children and descendants consists of one-half of the hereditary estate of the father and of the mother. The latter may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse as hereinafter provided.
(808a)
Civil Code of the Philippines, Republic Act No. 386, approved June 18, 1949, effective August 30, 1950. Reproduced in full; verified verbatim against the LawPhil and ChanRobles official-text renderings.
What this article means
The legitime of legitimate children and descendants is one-half of the hereditary estate of the father and of the mother. The parent may freely dispose of the remaining half, subject to the rights of illegitimate children and of the surviving spouse.
How this article reads today. The share stated above was worked out on the classification of children used when this Code took effect in 1950. Article 176 of the Family Code now provides that the legitime of each illegitimate child is one-half of the legitime of a legitimate child, and that “except for this modification, all other provisions in the Civil Code governing successional rights shall remain in force.” Read this article subject to that rule. The Family Code also recognises a single class of illegitimate child, so the Civil Code’s older sub-classifications no longer apply.
Questions about this provision
- I have legitimate children — can I still leave my whole estate to a friend or to charity?
- My father died leaving a wife and three legitimate children — how much is each one entitled to as legitime?
Related provisions
- Article 887 — Who the Compulsory Heirs Are.
- Article 894 — Spouse and Illegitimate Children.
Cases citing this article
- Lucila David and the Heirs of Rene F. Aguas, namely: Princess Luren D. Aguas, G.R. No. 241036, January 26, 2021 — read the decision on LawPhil →
- Elenita V. Macalinao, Kenneth V. Macalinao and Kristel V. Macalinao vs. Cerina, A.K.A. Cerena N. Macalinao and Cindy N. Ma, G.R. No. 250613, April 3, 2024 — read the decision on LawPhil →
- Guillerma S. Silva vs. Conchita S. Lo, G.R. No. 206667, June 23, 2021 — read the decision on LawPhil →
- Daniel Rivera and Elpidio Rivera vs. Flora P. Villanueva, Ruperto Pacheco, Virgilio Pacheco, G.R. No. 197310, June 23, 2021 — read the decision on LawPhil →
- Heirs of Fedelina Sestoso Estella represented by Virgilia Estella Poliquit, et al. vs. Jesus, G.R. No. 245469, December 9, 2020 — read the decision on LawPhil →
Compiled automatically from Supreme Court decisions published on LawPhil that expressly cite this article, most frequently cited first. A listing means the decision cites the provision — it is not a statement that the case is the leading authority, and it does not show whether a ruling has since been modified or abandoned. Always read the decision itself.